Citation : 2024 Latest Caselaw 5731 Ker
Judgement Date : 20 February, 2024
Mat.Appeal No.152/2024 1/1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
&
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
Tuesday, the 20th day of February 2024 / 1st Phalguna, 1945
IA.NO.1/2024 IN MAT.APPEAL NO. 152 OF 2024
OP 238/2019 OF FAMILY COURT, OTTAPALAM.
APPLICANTS/APPELLANTS:
1. KRISHNADAS V.G. S/O GOPALAKRISHNAN, AGED 36 YEARS,POOKKULANGARA
VEEDU, KILLIMANGALAM P.O., CHELAKKARA,THRISSUR DISTRICT - 680591
2. RADHA, W/O GOPALAKRISHNAN,AGED ABOUT 67 YEARS, POOKKULANGARA
VEEDU, KILLIMANGALAM P.O., CHELAKKARA,THRISSUR DISTRICT - 680591
3. JYOTHI, D/O GOPALAKRISHNAN, AGED 43 YEARS, POOKKULANGARA
VEEDU,KILLIMANGALAM P.O., CHELAKKARA, THRISSUR DISTRICT- 680591
PRESENTLY RESIDING AT NANARPUZHA HOUSE, KALLEPPADAM, PAZHAYANNUR
P.O., THRISSUR DISTRICT.
4. CHITHRA, D/O GOPALAKRISHNAN, AGED 40 YEARS, POOKKULANGARA
VEEDU, KILLIMANGALAM P.O., CHELAKKARA, THRISSUR DISTRICT - 680591.,
PRESENTLY RESIDING AT IRATTAKULAMBIL HOUSE,
KUMBALAKKODE, PAZHAYANNUR P.O.,THRISSUR DISTRICT.
RESPONDENT/RESPONDENT:
SAJITHA, D/O SETHUMADHAVAN, AGED 32 YEARS, MANNANKUNNATH
VEEDU, S.R.K.NAGAR P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT -
679103
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the execution
of the judgment and decree dated 29.11.2023 in O.P.No.238/2019 on the file
of the Family Court, Ottappalam, in the interest of justice.
This Application coming on for orders, upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.BINOY VASUDEVAN and SREEJITH SREENATH Advocates for the applicants,
the court passed the following:
ORDER
There will be a stay of the execution of the decree for return of gold on condition that the appellants furnish sufficient security to the satisfaction of the court below within two weeks. It is made clear that the property which is under attachment can also be furnished as security.
Sd/- ANU SIVARAMAN JUDGE
Sd/- C.PRATHEEP KUMAR JUDGE
20-02-2024 /True Copy/ Assistant Registrar
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